- This Tax Alert highlights significant sales tax amendments made through the Provincial Finance Acts, 2024 (all Provincial Acts to be referred as "the Act") and relevant notifications.
- The amendments shall be effective from 1 July 2024, unless otherwise specified.
Executive summary
This Tax Alert outlines the numerous changes introduced in the Finance Acts, 2024 (the Act), approved by the Provincial Assemblies of Punjab, Sindh and Khyber Pakhtunkhwa in respect of the following laws:
- Sindh Sales Tax on Services Act, 2011
- Punjab Sales Tax on Services Act, 2012
- Khyber Pakhtunkhwa Sales Tax on Services Act, 2022
Sindh Sales Tax on Services Act, 2021 (SST Act)
The standard rate of Sindh sales tax (SST) is enhanced from 13% to 15%. In line with the increase in standard rate, the upper limit of the input tax adjustment is also enhanced from 13% to 15% for other than telecommunication services. Telecommunication services providers would be allowed to claim input tax up to 18%.
Three new services are brought into the tax net, which includes educational services, medical practitioners, and hospitals/clinics services. Based on monetary threshold, exemption has been provided for education and medical services, whereas services beyond exemption threshold shall be subject to tax at reduced rate.
Amendments have been made to certain definitions and tariff descriptions to broaden the scope of taxable services and mainly include intra-city transportation of goods, marketing activity, dealers of other motor vehicles.
The exclusion of employment from economic activity is restricted to employees directly working for employers. As a result, salaries paid for manpower supplied to other persons are made taxable and the whole amount of consideration would attract SST.
Reimbursement of expenditures incurred by a services provider for rendering taxable services shall form part of the consideration for the purpose of levy of SST.
The Sindh Revenue Board (SRB) has notified the deemed value of distribution services as 8% of distributor's gross margin. Applicable SST rate on distributor's services is 15%; however, a beneficial reduced rate of 5% is provided for pharmaceutical product.
The time limitation for assessment proceedings is reduced from eight years to five years and record retention requirement also reduced to six years. However, this would be applicable for tax periods from July 2025 onward.
The threshold for an automatic stay is reduced from 25% to 10% of tax due where appeal is pending before Commissioner appeals. The power of the Commissioner Appeals SRB for granting stay is extended from 120 days to 180 days.
Noncompliance of e-invoicing requirement would be subject to a maximum penalty of Rs. 1m.
Deregistration application is required to be filed electronically.
Suspension of taxpayer status would be effective from date of suspension order, rather than its reflection on the online portal.
Commentary
Increase in standard rate of Sindh sales tax
The standard rate of SST had been 13% since 2016. The Act has enhanced the rate to 15% for rationalizing tax rates with other provinces.
Enhancing upper limit of input tax adjustment
The input tax adjustment has been restricted up to corresponding standard rate of taxable services (i.e., 13%). In line with the increase in standard rate, the upper limit of input tax adjustment is also enhanced from 13% to 15% for all services other than telecommunication services.
Telecommunication services are taxable at higher rate of 19.5%; presently, the upper limit for adjustment of input tax for telecommunication sector was 17%. The Act now allows telecommunication service providers to claim input tax on goods and services up to 18%, which is the highest standard rate among all jurisdictions.
Input tax disallowance on reduced rate services
Service providers are not allowed to claim any input tax if services are taxable at less than the standard rate (i.e., 13%). Similarly, service consumers are also not allowed to claim input tax paid on procurement of goods and services if the purchases are taxable at less than the standard SST rate.
Due to enhancement of standard rate of sales tax, corresponding reference to the standard rate is also updated in relevant provisions from 13% to 15%.
Supply chain management or distribution services (9845.0000)
SRB made compulsory registration for certain distributors on the premise that the distributors are providing services to their principal (e.g., manufacturers or importers) under the tariff heading of supply chain management or distribution (including delivery) services. The higher courts have confirmed this SRB position.
SRB has now issued a special ruling to treat value of distribution services as 8% of distributor's gross margin. SRB also explained that gross margin shall include various discounts, rebates, commissions or any other incentives as received by distributor.
The applicable SST rate on distributor's services is 15%; however, SRB has provided beneficial reduced rate of 5% for distribution of drugs registered under Drugs Act, 1976.
Broadening the tax base
The Act includes the following new services in the Second Schedule to the SST Act. Consequently, the following services are subject to SST with effect from 1 July 2024:
- Education services (9857.0000)
The Act introduces an extensive definition of education services, which covers all types of educational institutions including pre-primary, primary, secondary schools, colleges, universities and vocational, professional, instructional, technical institutes, teaching hospitals, or such other degree, diploma, or certificate awarding institutions (excluding special education for special children and education under adult literacy program).
SRB has exempted education services by institutions where annual fees does not exceed Rs. 500,000 per student. If services of an educational institute exceeds this threshold, the reduced rate of 3% shall be applied.
- Services of hospitals and clinics (9858.0000)
Services provided by hospitals or institutions as defined in the Pakistan Medical and Dental Council Act, 2022, include medical, surgical, psychiatric, obstetric, dental or ophthalmological and similar treatment and care services.
An exemption has been provided to services of hospitals and clinics, except where daily room/bed charges exceed Rs.25,000 for indoor and day-care patients and same shall be subject to SST at reduced rate of 3%.
- Medical practitioners and consultant (9815.1000)
Services of registered medical practitioners and the registered dental practitioners are as defined in the Pakistan Medical and Dental Council Act, 2022 where consultancy fee exceeds Rs.3,000 per visit then SST would be 3% otherwise services of medical practitioners and consultant shall be exempted.
However, benefits shall not be extended to cosmetic and plastic surgery therefore, such services shall be taxable at a standard rate of 15%.
In this respect, SRB has enacted a special procedure rule, which stipulates that services of medical practitioners and consultants shall be taxable if provided from a hospital, clinic or any other place. If a practitioner or consultant provides services from hospital or clinic, the obligation to pay the applicable SST on services would fall on the hospital or clinic.
The Act has also amended following definitions or tariff headings to broaden the scope of taxable services:
- Intra-City Transportation of Goods (9806.4000)
Inter-city transportation of goods by road, conduit or pipeline is presently taxable. The Act has removed expression of "inter-city" transportation. As a result, services that transport goods within city limits are also taxable.
The SRB has made respective amendments to all relevant rules and notifications, including the Sindh Sales Tax Special Procedure (Transportation or carriage of Petroleum Oils through Oil Tankers) Rules, 2018.
- 2Business support services (9805.9200)
The scope of Business Support Services is extended to include marketing services. There is no specific definition of marketing under the SST Act.
Service of surveyors relating to insurance, marketing and other specified surveys are presently taxable. The Act has enlarged the scope of taxable service of surveyors by inserting any kind of specialized or special-purpose survey, geological or geophysical survey, surface or sub-surface survey, survey for exploration of minerals.
- Truck aggregator (9856.0000)
Previously, tax has only applied to persons providing truck aggregating services as an aggregator/operator/intermediary or an online marketplace to a business enterprises. The Act has extended the scope of truck aggregating services to all persons, whether business enterprises or not.
- Car or automobile dealer (9806.4000)
Currently, services of car or automobile dealers are taxable. The Act has also included services of dealership providing other motor vehicles.
- Rent a car and automobile rental service (9819.3000)
Presently, only the renting of a car and other passenger motor vehicle is taxable. The Act has enhanced scope of automobile rental services by removing the word "passenger" from the definition, effectively levying tax on rentals of all type of motor vehicles, including commercial vehicles.
- Services by farmhouse, huts, resorts and lodges (98.01)
Services provided by hotels, guest houses and marriage halls, etc. are currently taxable. The Act has extended levy of SST on services provided by farmhouses. Consequently, the services provided by restaurants, caterers, marriage halls and lawns located within the premises of any farmhouse will also be subject to SST.
- Sports and games center (9821.2000)
Currently, services of a person providing indoor sports or games center are taxable. The Act has enhanced the scope by including all persons providing a facility for games and sports, whether indoor or outdoor.
Change in SST rate on existing services
SRB has also amended applicable the tax rate or exemption for following services:
- Foreign-exchange dealer and money exchanger (9813.9000 and 9819.2000)
SRB has withdrawn the spread-charge exemption for foreign-exchange dealers and money exchangers for currency trading. A reduced rate of 3% has been provided on the services of foreign-exchange dealers and money exchangers.
Additionally, SRB has now enhanced deemed service value of foreign exchange dealer and money exchanger from 20 to 25 paisa to every hundred rupees equivalent being exchanged.
- Cable TV operators (9819.9000)
Rural cable TV operators that have specific category licenses from PEMRA and standalone cable TV operators were exempted from SST. Now, SRB has withdrawn these exemptions and imposed a reduced rate of 10% on rural cable TV operators and 2% on standalone cable TV operators.
- Service by restaurants (98.01)
To promote digital payment, SRB has provided reduced rate of 8% on restaurant services where payments are received digitally. However, SRB may, upon request of restaurant, allow the standard 15% rate to be charged.
- Services of recruiting agents
Standalone recruiting agents for overseas employment in countries outside Pakistan were subject to reduced rate of 5% until 30 June 2024. SRB has now extended this beneficial reduced rate for an additional two years.
Economic activity
An employee's provision of services to an employer is specifically excluded from the definition of economic activity. There had been disagreement over whether this exclusion also applied to manpower supplied to another person for performing activities for someone other than the employer. Taxpayers contended that salary reimbursement for outsourced employees does not attract sales tax. The Honorable Supreme Court of Pakistan has decided the matter in favor of taxpayers.
The Act has restricted the exclusion of employment activities if there is a direct relationship with the employer. Any services an employee provides to anyone other than employer will be treated as an economic activity of the employer.
Value of taxable service
Value of taxable services is defined as consideration in money received by a service provider from service recipient. The courts have held that the reimbursement of expenses incurred on behalf of a service recipient, during the provision of such services, would not constitute consideration.
The Act has provided that the term "consideration" means the gross amount charged by the service provider, including any amount of reimbursable expenditure or cost incurred by the service provider for provision of taxable activities.
Time limitation for tax assessment and record retention
The time limitation for assessment proceedings is reduced from 8 years to 5 years and record retention requirement has also been reduced from 10 years to 6 years.
Further, a show-cause notice is required to be issued within the stipulated time after the end of a relevant tax period. The Act has streamlined the above provisions with federal tax laws and requires issuing a show-cause notice within a stipulated time from the end of financial year to which the tax periods relate.
Above amendments would apply for tax periods from July 2025 onward.
Procedure in Commissioner (Appeals)
Currently, the Commissioner (Appeals) SRB is impowered to grant a stay from recovery of any sales tax due up to 120 days. The Act has enhanced this period from 120 days to 180 days.
Recovery of tax arrears
Previously, where a tax demand had been challenged before Commissioner (Appeals) and the taxpayer had paid 25% of tax due, no recovery may be made against taxpayer until the disposal of appeal by the Commissioner (Appeals). The Act has reduced the payment threshold from 25% to 10% of the tax.
Records
A registered person is required to maintain certain records as specified under SST Act. The Act enhanced the scope of these maintained records by including records of taxable or exempt services provided by a registered person in other provinces or areas to the extent his tax liability would be reconcilable in Sindh.
Online integration of business rules
For certain services, SRB has required registered person to integrate their point of sales (POS). SRB has now also enhanced power of the officer to check the specified documents to validate the digital transaction.
Data sharing agreement with federal/provincial authorities
The Act has empowered SRB to enter into an arrangement or agreement with the Federal and Provincial Sales tax Authorities on a reciprocal or multilateral basis for sharing electronic data of computerized sales tax returns with certain restrictions and conditions as may be prescribed.
Offenses and penalties
The following penalties are substituted/omitted: